Heptinstall v. . Rue
Supreme Court of North Carolina
Civil Action, tried before Mooee, J., at November (Special) Term, 1875, of Halifax Superior Court. The cause was heard in this Court Upon the following CASE AGEEED Í This action was instituted in a Court of a Justice of the Peace to recover the value of a bale of cotton alleged to have been converted to his own use by the defendant. The plaintiff claimed title to the property under a mortgage executed to him by Wesley Thorne and Turner Thorne.
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Civil Action, tried before Mooee, J., at November (Special) Term, 1875, of Halifax Superior Court. The cause was heard in this Court Upon the following CASE AGEEED Í This action was instituted in a Court of a Justice of the Peace to recover the value of a bale of cotton alleged to have been converted to his own use by the defendant. The plaintiff claimed title to the property under a mortgage executed to him by Wesley Thorne and Turner Thorne. The plaintiff introduced Wesley Thorne as a witness, who swore that he rented a tract of land from J. E. Rue, Sr., the father of the defendant, for the…
1Opinion of the Court
•Reade, J.
If the action is for the conversion of the bale of cotton, as it seems to be, it is a tort, of which a Justice has no jurisdiction. If upon the promise to deliver the bale of cotton, the promise seems to have been without consideration and therefore void.
The case will be remanded that it may be dismissed, and then the parties may proceed upon the other questions as they may be advised. Plaintiff pay cost of this Court.
Per Curiam. Judgment accordingly-
2Cited by1 opinion
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